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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Who’s fault would you say?

149 replies

Wowwe · 08/04/2021 15:59

I stopped at a garage to get petrol this morning. I was in a queue and 2 pumps become available. I pulled up at pump no1 and no one was behind me in queue so pump 2 was empty. I opened car door and a car overtaking me trying to get out of garage smashed into my door. The man driving wasnt getting petrol and I have no idea where he came from. I really wouldn’t have expected anyone to be coming from behind as the pump behind me was empty when I pulled up. And the space was really tight and wouldn’t have thought that another car could fit around mine.
His insurance just called me and said that he’s blaming me. But I was stationary with engine off and he was going at some speed as he came from nowhere. Hence why I didn’t see him.
I’m not sure who is at fault. Can you help?
Aibu: my fault
Ainbu: his fault

OP posts:
shivawn · 08/04/2021 16:01

Sounds like his fault to me but I don't know what the official rules are.

luxxlisbon · 08/04/2021 16:01

You should have looked before you opened the car door, you would have seen a car was coming but the car can't read your mind and the drive doesn't know you are about to swing the door open.

Burnt0utMum · 08/04/2021 16:01

He shouldn't have been going so fast that he couldn't stop when your door opened. Hope you're ok and get it sorted.

AryaStarkWolf · 08/04/2021 16:02

I would say you were a bit because you should always look around before you open your car door

Original poster
Wowwe · 08/04/2021 16:05

I can fully understand if I opened my car door onto a road but it was a petrol garage with Hardly enough width space for 2 cars . Plus a petrol garage is for stoping and getting petrol and getting out the car.

OP posts:
Tinydinosaur · 08/04/2021 16:07

Sounds like your fault to me. You literally opened your car door while he was driving. You didn't look for a car, otherwise you'd have seen him, they're hard to miss.

3babylady · 08/04/2021 16:07

I'd say his and I'd be asking the garage for their cctv to prove it. He should of been aware a car at a pump could have a person getting out of it IMO.

amymel2016 · 08/04/2021 16:09

Even though he was being an idiot I think it’s your fault OP as you should have checked the mirror before opening your door

madmara · 08/04/2021 16:09

Had he been parked up elsewhere on the forecourt and was driving past you to exit the petrol station?

I think you should have looked before opening the car door.

AryaStarkWolf · 08/04/2021 16:10

@Wowwe

I can fully understand if I opened my car door onto a road but it was a petrol garage with Hardly enough width space for 2 cars . Plus a petrol garage is for stoping and getting petrol and getting out the car.
Petrol stations are usually busy, you could have opened it on to a cyclist or a person walking by as well not just a car, you're supposed to look around before you open your door
VettiyaIruken · 08/04/2021 16:10

Both imo. You should never open your car door without looking, no matter where you are. What if you'd bashed a kid with the door? You need to be aware of your surroundings.

Original poster
Wowwe · 08/04/2021 16:10

The people in garage said they are happy to hand over cctv for me and that he shouldn’t have been overtaking my car in a small space. But I don’t know if insurance company is going to see it like that. I am normally always careful getting out of my car but really just didn’t expect any car to be driving around mine. 1 because there was no car behind me when I stopped and 2 because of the small space around my car.

OP posts:
CloudFormations · 08/04/2021 16:11

It sounds like a bit of both to me - him for driving too fast, you for not checking before you opened your door. It’s something you always have to do regardless of your environment.

Original poster
Wowwe · 08/04/2021 16:12

I just feel really gutted to lose my no claims over this.

OP posts:
PulledPineapple · 08/04/2021 16:12

If he smashed into your door with the front of his car he’s at fault. If you opened the door into the side of his car, you’re at fault

Coulddowithanap · 08/04/2021 16:12

I think you should have looked before opening your door.

Wtfdoipick · 08/04/2021 16:12

It's your responsibility to check before opening a door, doesn't matter where you are you were the one moving your door into his path

AryaStarkWolf · 08/04/2021 16:12

@Wowwe

The people in garage said they are happy to hand over cctv for me and that he shouldn’t have been overtaking my car in a small space. But I don’t know if insurance company is going to see it like that. I am normally always careful getting out of my car but really just didn’t expect any car to be driving around mine. 1 because there was no car behind me when I stopped and 2 because of the small space around my car.
I think the insurance company will probably say it was both your faults and leave you each to claim off your own insurance
SharpLily · 08/04/2021 16:13

It's not going to be up to him or you to decide who's at fault, all you can do is provide all the evidence to the insurance companies and let them work it out.

PulledPineapple · 08/04/2021 16:13

Also, there will be cc tv for your insurers to check.

MrsBungle · 08/04/2021 16:13

I’d say it’s your fault. Had you looked before opening your door you’d have seen him and the accident wouldn’t have happened. Surely he’s allowed to drive past you? It seems there was enough space to pass you - until you opened your door into his path.

Original poster
Wowwe · 08/04/2021 16:14

For reference , the pump that I was at was the 1st one so there was the pump to my left , then my car , then a small space then a brick wall.

OP posts:
Ponoka7 · 08/04/2021 16:14

The only way to settle it is to ask for the CCTV. I had similar happen but on a road. He was going to fast and I didn't fully check. We split the cost of the repair.

HavfrueDenizKisi · 08/04/2021 16:14

I thought, legally, if you're stationary, you're not at fault. But he is as his vehicle was moving.

Could be wrong but it's similar to be hot from the rear - it's always the driver who hits the car in front who is liable despite what the car in front was doing.

CuriousaboutSamphire · 08/04/2021 16:14

Get the CCTV, send it to your insurance company and state clearly that you will not accept fault in this!

Chances are it will be a knock for knock anyway, he was, at best, no less at fault than you, he drove into you. He should have been aware of the high likelihood of someone getting out of a car parked at a petrol pump.